Friday, May 22, 2009

Perak Crisis: What spin and lies will Nizar make of the Court of Appeal judgement?

Phew ... frankly the Court of Appeal result was unexpected.

Despite the suspicious "pre-emptive move" by Judge Dato Abdul Aziz and rumours on the credibility of the presiding judges, the Court of Appeal considered the whole issue presented and decided unanimously for Zambry.

Will Nizar respect the court decision? Or will he spin and lie to keep his supporters constantly agitated? One can assure that Ngeh will definately be by his side?

The Bernama report below:

Zambry Rightful Menteri Besar, Rules Appeal Court

PUTRAJAYA, May 22 (Bernama) -- A three-man bench of the Court of Appeal, in a unanimous decision, today declared Datuk Seri Dr Zambry Abdul Kadir as the rightful menteri besar of Perak.

The court held that the order made by the High Court on May 11, in declaring Datuk Seri Mohammad Nizar Jamaluddin as the legitimate menteri besar, was wrong and set aside that decision.

"The learned High Court judge had failed to properly and adequately appreciate the entire evidence before him, and that rendered the decision as wrong," said Justice Datuk Md Raus Shariff, who sat with Justices Datuk Zainun Ali and Datuk Ahmad Maarop.

Both Mohammad Nizar and Zambry were not present in court today.

Justice Md Raus, in his oral judgment, also held that the Sultan of Perak, Sultan Azlan Shah, was right in appointing Zambry as the new menteri besar, under Article 16(2) of the Perak Constitution, after being satisfied that Zambry had the command of the majority of the state legislative assembly.

"We hold the view that the granting or the withholding of the request for the dissolution of the state legislative assembly is the royal prerogative.

"On the facts of this case, the request for the dissolution of the state legislative assembly was made under Article 16(6) of the Perak Constitution and not under Article 36 of the constitution," said Justice Md Raus in allowing Zambry's appeal against the High Court decision.

Justice Md Raus further held that the Sultan of Perak was right in making enquiry to satisfy himself that the respondent (Mohammad Nizar) had ceased to command the majority confidence.

The fact that Mohammad Nizar had ceased to command the majority confidence could be obtained or established alternatively, he said.

"There is no mandatory or expressed requirement in the Perak Constitution that provides that there must be a motion of no-confidence to be tabled against the respondent before deciding that he had ceased to command the majority confidence of the state legislative assembly," he said.

Zambry, whose leading counsel was Datuk Cecil Abraham, filed an appeal on May 12, with 24 grounds of appeal, against High Court judge Datuk Abdul Aziz Abd Rahim's decision in ruling that Mohammad Nizar did not vacate the office of menteri besar as he had not lost the majority confidence of the state legislative assembly.

On the same day, his application for a stay of the High Court order was heard and allowed by Appeal Court judge Datuk Ramly Ali, sending Zambry back to the office of menteri besar.

The following day, Mohammad Nizar filed an application to set aside the stay order and requested for a panel of five Appeal Court judges to hear the proceedings, which was refused yesterday.

After the decision was delivered, Sulaiman Abdullah, the leading counsel for Mohammad Nizar, requested the court for the written judgement for the purpose of appealing to the Federal Court.

"We appreciate that the court had gone through the facts of this case and made the decision within one night.

Zambry, whose leading counsel was Datuk Cecil Abraham, filed an appeal on May 12, with 24 grounds of appeal, against High Court judge Datuk Abdul Aziz Abd Rahim's decision in ruling that Mohammad Nizar did not vacate the office of menteri besar as he had not lost the majority confidence of the state legislative assembly.

On the same day, his application for a stay of the High Court order was heard and allowed by Appeal Court judge Datuk Ramly Ali, sending Zambry back to the office of menteri besar.

The following day, Mohammad Nizar filed an application to set aside the stay order and requested for a panel of five Appeal Court judges to hear the proceedings, which was refused yesterday.

After the decision was delivered, Sulaiman Abdullah, the leading counsel for Mohammad Nizar, requested the court for the written judgment for the purpose of appealing to the Federal Court.

"We appreciate that the court had gone through the facts of this case and made the decision within one night.

"I have instructions from my client (Mohammad Nizar) to seek leave to appeal against the decision to the Federal Court. We would appreciate if the court could issue the written judgement as soon as possible," he said.

Justice Md Raus replied: "I tried to write the judgement last night. I would arrange to give the grounds of the written judgement. I can do it in a week."

Justice Md Raus also dismissed Mohammad Nizar's application to set aside the stay order granted by Justice Ramly Ali.

More than 50 journalists had gathered as early as 1.30pm in front of the courtroom but were told to queue up to get passes, limited to only 15 seats.

The other journalists as well as the 200 over supporters of Zambry and Mohammad Nizar, who failed to get seats, started arguing and disputing the order issued by the police, but had no choice than to stay out of the courtroom.

Moments after the court announced its decision and counsel Sulaiman Abdullah walked out of the courtroom, Mohammad Nizar's supporters started clapping and cheering: "Hidup Nizar! Hidup Sulaiman!" (Long Live Nizar! Long Live Sulaiman).

The TV report may have quoted Nizar seeking his supporters to remain calm, what was missing was his willingness to accept the court decision. His supporters were not behaving appropriately or respectfully. Read Selamatkan Perak here.

Nizar is expected to dispute the result. Sulaiman also made a sinister remark on the ability of judges to come down with a decision in one night.

In their oftenly held ceramah, one will also expect them to use the excuse of Nizar's request for 5 judges turned down. The simpleton and die hard listeners might fall into that trap and not realising three judges unanimously decided in Zambry's favour.

Nizar would likely attempt to hide from his audience and die hard followers the fact that his lawsuit tantamount to question the power and authority of the Sultan. HIs challenge of the Sultan's decision is an ungentlemenly conduct of refusing to cease power despite losing majority.

In addition, he will most likely repeat his call for dissolution of assembly to hoodwink the people of Perak into believing it is people's power to choose the Government of the day.

This is actually an insult on HRH becasue the power to select and appoint the Menteri Besar and indirectly choose the Government lies with the Sultan. The people merely choose their representative.

Such is the behaviour of Pakatan Rakyat propagandist.

When the application of stay of execution favoured Zambry, the pro-Pakatan propagandist accused judge Dato Ramly Ali as bias and has association with VK Lingam. Now what will they accuse of the judges that did not favour Nizar? Accusation of biasness is only expected.

To pre-empt another of their tale, one need to recall back to the late 90s Reformasi days. Back then, they claimed one of the judges today, Dato Zainon Ali was pro-Anwar and for that was reprimanded with a transfer to Johor Baru. Zainon was also the former Registrar of Company.

One can count on Pakatan to disclaim such allegation and churn out another set of tale to accuse of Zaiton of having been bought or compromised by BN.

Today's victory puts the number of judges deciding Zambry against Nizar's as 4-1. All four judges are judges of higher standing than the high court judges. Please tell your ceramah crowd that!

nizar should accept and respect that judgement.was its he who who take the dispute to court in the first place trying to prove that he is in the right path denying the disicion by the HRH sultan of perak. should he belive in democrasy as he project himself as champion and beliver, that the freedom to wote and the freedom to support, the rakyat of perak was never neglected during the days of waiting of court decision,

Who cares about Nizar? The other N got bigger ploblm, his friend writing again:

Tun Daim Zainuddin has personally told Dr Mahathir that Singapore possesses all the evidence that Najib, Razak Baginda and Altantuya met at the Oriental Hotel in Marina Square one year before she died.

This means, with the evidence that Singapore possesses, they would be able to blackmail Najib. Surely Dr Mahathir would not want someone who can be blackmailed into doing Singapore’s bidding become the next prime minister knowing how he feels about Singapore and those perceived as under Singapore’s control?

Bro..congratulations to Dr Zamri. In fact he is more down to earth when giving his statement yesterday..sometimes its good to keep your smiles for a different occasion..My question now..should any of the perak BN legislative members put up a motion to suspend those misbehave and 'unparliamentary behaviour' of the opposition state assembly men?

But you seem to be quite ahppy that it is perfectly alright to appeal the earlier High court judgement!! By your reckoning wouldn't you say that Zambry was disrespecting the High Court as well as the judge and the judgement?

And as of when has appealing to the Federal Court meant it is disrespecting of the Court Of Appeal? And we all have seen too many Federal Court judgements overturning the Appeal Court findings. Is that supposed to mean disrespect for the Court of Appeal too?

Aiya, wheUMNO appeals that is o.k. When Nizar appeals that is not o.k!!! O.k la!! Can live by that too. So when RPK sticks his middle finger to the entire judiciary I suppose that too should be o.k.!!! All well earned and well deserved!!